An Urgent Plea

Letter to the Bishops of the United States

Dear Bishops,

We are deeply troubled by the ongoing and needless destruction of families as a result of this country's No-Fault Divorce system, which gives civil authorities unbridled power over the lives of families.

"Marriage" has become a front-page issue, due to the efforts by some sectors of society to legalize "same-sex marriage". As a result of this intense focus on traditional marriage, an older, far-more-devastating "threat" is also being scrutinized.

For over 30 years, the institution of marriage has been under attack while the Church has largely remained silent. But with the threat posed by "same-sex marriage" that is changing.

You, our bishops, recently spoke out in support of the Federal Marriage Amendment (FMA) that protects the definition of marriage as only between One Man and One Woman, and for this we are very grateful. But, this Amendment is only a small step in defending marriage from the forces threatening to destroy it. Professor Robert George, co-author of the FMA, stated in a live EWTN interview in June, 2004:

"I think if people want to go back to an institution of marriage that actually is sound and healthy, then this amendment is a beginning, but it's by no means the end. Something's got to be done about the divorce problem in this culture. And something has to be done, I think, on the legal side to undo the damage that's been done by the regime of No-fault divorce."

To understand the gravity of this problem, it's necessary to take a closer look at the history.

* * * * *

While the world was sleeping, governments were implementing changes that have been tearing families apart. During the late 1960's in this country, state legislators - prompted by a national group of lawyers, known as the National Conference of Commissioners on Uniform State Laws (NCCUSL) - began "modernizing" the rules of divorce. These new rules, that changed both the laws and the process, were commonly known as "no-fault" divorce. But few people understood that this was a "euphemism" for a process that became more like "forced" divorce.

Most people would be shocked to know that our current divorce law has a striking similarity to Stalinist-era divorce law. Communists wanted to break the hold that "family" and "religion" had over people's lives. A Soviet divorce could be obtained by merely sending a postcard. The state handled the rest and the interests of the other spouse were ignored. But, when the number of family breakups in the Soviet Union skyrocketed, the effect on society was so disastrous that the Soviets actually rolled back their divorce laws in 1936. But, why would lawmakers in the U.S. implement a law so similar to that of the Soviets?

In 1969, California's watershed Family Law Act opened the floodgates and allowed "No-Fault" divorce to spread throughout the rest of the states. What most people fail to recognize - even now - is that it's a sinister system that does not allow any way to stop the process or protect the intact family.

From the civil court's perspective, the judge's sole role is to process the paperwork and finalize the divorce. Judges oversee the division of property, child custody and support payments. They do not even consider the possibility that the marriage is salvageable, but, instead, move the process along as quickly as possible to clear the court dockets.

When the idea for this new system was first proposed, the public was told that judges would inquire into the health of the marriage and refer the parties to professional services, but this provision was quickly dropped. The unfortunate spouses who do fight to stop a divorce, find themselves gaining nothing from their efforts but depleted bank accounts. There is no "defense" allowed and no "due process" as in other court cases.

Stephen Baskerville paints a grim picture of what happens to the spouse who resists a divorce in his article, The Politics of Family Destruction, published in the Nov. 2002 issue of Crisis Magazine:

". . . even if they remain faithful to their vows, they can lose their children, their homes, their savings and future earnings, and their freedom. Not only will the government afford them no protection; it will prosecute them as criminals, though without the due process of law afforded to formally accused criminals."

Catholic marriage has always been under the authority of the Church, even though it doesn't look that way when civil authorities take control at the time of divorce. Spouses who beg the Church for help are turned away and left to their own devices in defending against the onslaught of the civil court system. What is overlooked in these cases is that, prior to marrying, both spouses agreed to be bound by the rules of the Church. A recent Canon Law Opinion outlines the nature of this "de facto" antenuptial agreement, including some of the "duties and rights" of the spouses.

In Arcanum (on Christian Marriage, 1880), Pope Leo XIII asserts, "Neither, . . . can it be shown . . . that power over the marriages of Christians has ever lawfully been handed over to the rulers of the State." Further, ". . . in Christian marriage the contract is inseparable from the sacrament."

Pope John Paul II, in his speech to the Roman Rota on January 28, 2002, reminded us that, "Marriage is indissoluble." In this same speech, the Holy Father urged, "Among initiatives should be those that aim at obtaining the public recognition of indissoluble marriage in the civil juridical order."

How can something considered indissoluble by the Church - as well as off-limits from the State - be torn apart every day in our civil courts? Is it possible that our Church wedding vows have turned into a "Trojan Horse" - a "blessing" that serves to disguise the State's power to "seize and control" when one spouse seeks a divorce?

In January, 2003, the "Doctrinal Note on some questions regarding the participation of Catholics in political life" was published by The Congregation for the Doctrine of the Faith, which states:

"...the family needs to be safeguarded and promoted, based on monogamous marriage between a man and a woman, and protected in its unity and stability in the face of modern laws on divorce..."

The way No-Fault Divorce was originally promoted implied an alternative to the "fault"- based requirement of the previous system, where guilt for the divorce was assigned. No-Fault implied a peaceful breakup by the "mutual consent" of both parties. But, instead, all marriages became vulnerable to this system which turned into "forced" divorce. Judges are now mandated to grant a divorce without exception when one spouse files for it, even if the other one doesn't want it.

The Catholic Church can become a model for ALL Christian churches by standing up to the civil desecration of Marriage. The Sacrament of Marriage is religious in nature and must not be violated by civil authorities. We ask you - our Bishops - to please understand how badly your help is needed!

Marriage is the union between a man and a woman, but that is only one attribute. The second, equally important attribute is indissolubility. We plead for the Church to help stop this system that is destroying marriage - the foundation of our society.

The Church has a duty to defend Her Sacraments - not passively allow them to be maliciously destroyed. This letter is an URGENT APPEAL to you - the Bishops of the United States - at this vital crossroads, when the last vestiges of marriage have nearly been destroyed.

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